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  • Seiden v. Schwartz, Levitsky, and Feldman LLP

    Publication Date: 2018-11-21
    Practice Area: Corporate Entities | Private Equity and Venture Capital
    Industry: Accounting | Agriculture
    Court: U.S. District Court of Delaware
    Judge: District Judge Noreika
    Attorneys: For plaintiff: Daniel K. Hogan of Hogan McDaniel, Wilmington, DE, attorney for plaintiff.
    for defendant: Patrick M. McGrory of Tighe & Cottrell, P.A., Wilmington, DE attorney for defendant.
    Case Number: D68364

    The court lacked personal jurisdiction over a foreign entity where the facts did not meet the requirements of the long-arm statute, and did not comport with due process.

  • Pasternack v. Northeastern Aviation Corp.

    Publication Date: 2018-11-21
    Practice Area: Corporate Entities | Occupational Safety and Health
    Industry: Aerospace | Federal Government
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Paul D. Brown, Joseph B. Cicero and Stephanie H. Dallaire of Chipman Brown Cicero & Cole, LLP, Wil-mington, DE; Cynthia S. Arato and Daniel J. O'Neill of Shapiro Arato LLP, New York, NY, attorneys for plaintiff
    for defendant: Francis G.X. Pileggi and Alexandra D. Rogin of Eckert Seamans Cherin & Mellott, LLC, Wilmington, DE, Edward J. Longosz, II of Eckert Seamans Cherin & Mellott, LLC, Washington, DC, attorneys for de-fendant.
    Case Number: D68362

    A pilot was entitled to indemnification under the bylaws of an aircraft charter company in connection with le-gal expenses incurred in a drug testing matter.

  • Post Holdings, Inc. v. NPE Seller Rep LLC

    Publication Date: 2018-11-14
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Rodger D. Smith II, Ryan D. Stottmann and Alexandra M. Cumings of Morris, Nichols, Arsht & Tunnell LLP, Wilmington, DE; Richard B. Walsh, Jr. and Evan Z. Reid of Lewis Rice LLC, St. Louis, MO for plaintiffs.
    for defendant: Kevin R. Shannon, Christopher N. Kelly and Jay G. Stirling of Potter, Anderson & Corroon LLP, Wil-mington, DE; William C. O'Neil, Jeffrey J. Huelskamp and Michael A. Meneghini of Winston & Strawn LLP, Chicago, IL for defendants.
    Case Number: D68356

    Plaintiffs could not enjoy benefits under the contract while refusing to perform their obligations under it.

  • Village Green Holding, LLC v. Holtzman

    Publication Date: 2018-10-17
    Practice Area: Corporate Entities | Deals and Transactions
    Industry: Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Montgomery-Reeves
    Attorneys: For plaintiff: Richard P. Rollo, Anthony M. Calvano, Courtney A. Carvill, Alan S. Loewinsohn and Kerry Schonwald, attorneys for plaintiffs
    for defendant: Brian E. Farnan , Michael J. Farnan and Marc L. Newman, attorneys for defendants.
    Case Number: D68319

    Plaintiffs were entitled to preliminary injunction precluding defendants from further litigating action in another jurisdiction where parties had valid forum selection clauses conferring exclusive jurisdiction on Delaware.

  • Marchand v. Barnhill

    Publication Date: 2018-10-10
    Practice Area: Corporate Entities
    Industry: Food and Beverage
    Court: Court of Chancery
    Judge: Vice Chancellor Slights
    Attorneys: For plaintiff: Robert J. Kriner, Jr., Vera G. Belger, Michael Hawash and Jourdain Poupore, attorneys for plaintiff
    for defendant: Timothy R. Dudderar, Travis R. Dunkelberger,; Srinivas M. Raju and Kelly L. Freund, attorneys for defendants.
    Case Number: D68312

    Derivative breach of fiduciary duty claim failed where plaintiff failed to make or excuse pre-suit litigation demand upon the board, the majority of whom were sufficiently disinterested to exercise independent judgment of such demand, and where plaintiff had failed to plead the requisite scienter for a failure of oversight claim levied against directors.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • In re Ryckman Creek Resources, LLC

    Publication Date: 2018-09-12
    Practice Area: Bankruptcy | Corporate Entities | Deals and Transactions
    Industry: Energy
    Court: U.S. Bankruptcy Court
    Judge: Judge Carey
    Attorneys: For plaintiff:
    for defendant:
    Case Number: D68281

    By providing notice of exercise of a call option, a party bound was bound to the minimum floor price provided in an unambiguous agreement.

  • QC Holdings, Inc. v. Allconnect, Inc.

    Publication Date: 2018-09-12
    Practice Area: Contractual Disputes | Corporate Entities | Mergers and Acquisitions
    Industry:
    Court: Court of Chancery
    Judge: Vice Chancellor Laster
    Attorneys: For plaintiff: S. Mark Hurd, Alexandra M. Cumings, Danny David, Benjamin Sweet and Kelly Hanen for plaintiff
    for defendant: A. Thompson Bayliss, Cameron T. Kirby, Matthew L. DiRisio and Thomas G. Weber for defendant.
    Case Number: D68283

    A party properly exercised its rights under a put agreement, so the company was contractually obligated to pay the put price.

  • Fringer v. Kersey Homes, Inc.

    Publication Date: 2018-07-11
    Practice Area: Business Torts | Corporate Entities
    Industry: Construction | Real Estate
    Court: Court of Chancery
    Judge: Vice Chancellor Glasscock
    Attorneys: For plaintiff: Dean A. Campbell, Law Office of Dean A. Campbell, P.A., Georgetown, DE, attorney for plaintiff
    for defendant: Richard E. Berl, Jr., Hudson, Jones, Jaywork & Fisher, LLC, Lewes, DE, attorney for defendants.
    Case Number: D68206

    Piercing of corporate veil granted where evidence indicated corporation fraudulently transferred sole asset to avoid collection by judgment creditor.

  • US Ecology, Inc. v. Allstate Power Vac, Inc.

    Publication Date: 2018-07-04
    Practice Area: Contractual Disputes | Corporate Entities
    Industry:
    Court: Court of Chancery
    Judge: Chancellor Bouchard
    Attorneys: For plaintiff: Stephen C. Norman, Daniyal M. Iqbal, David B. Hennes, Lisa H. Bebchick and Joseph G. Cleeman for plaintiffs
    for defendant: Jon E. Abramczyk, D. McKinley Measley, Alexandra M. Cumings, William T. Pruit, Warren Haskel and Benjamin Cooper for defendants.
    Case Number: D68205

    Plaintiffs were not entitled to reimbursement of certain insurance payments following the sale of a subsidiary, because the purchase agreement did not provide for it.

  • Vinton v. Grayson

    Publication Date: 2018-06-27
    Practice Area: Corporate Entities
    Industry: Real Estate
    Court: Delaware Superior Court
    Judge: Judge Wallace
    Attorneys: For plaintiff: David B. Anthony and Sean A. Meluney for plaintiff
    for defendant: Neil R. Lapinski for defendant.
    Case Number: D68197

    The operating agreement of a limited liability company required members to make additional capital contribu-tions at the manager's discretion, and other members had standing to sue a member who failed to respond to a capital call.